Lynn E. Battle v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-44

NOT DESIGNATED FOR PUBLICATION

LYNN E. BATTLE

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered February 17, 2005

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF JEFFERSON COUNTY, CR 2001-18-2, HON. H. A. TAYLOR, JUDGE]

MOTION DISMISSED

PER CURIAM

On December 13, 2001, judgment was entered reflecting that Lynn E. Battles had been found guilty by a jury of murder in the first degree for which a term of 120 months' imprisonment was imposed. Imposition of an additional twenty-four months' imprisonment was suspended. No appeal was taken from the judgment, and Battle now seeks leave to proceed with a belated appeal.

Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of Appellate Procedure--Criminal. The rule provides in pertinent part that "no motion for belated appeal shall be entertained by the Supreme Court unless application has been made to the Supreme Court within eighteen (18) months of the date of entry of judgment...." Petitioner filed the motion here more than two years after the December 13, 2004, judgment was entered. It is incumbent on a petitioner to file a motion for belated appeal in a timely manner inasmuch as an untimely motion for belated appeal is subject to dismissal. Hayes v. State, 328 Ark. 95, 940 S.W.2d 886 (1997) (per curiam).

Motion dismissed.